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What Makes Injury Legal Injury legal is a term used to describe the loss or harm suffered by an individual as a result of an individuals negligent or unlawful actions It falls under the umbrella of tort law The most obvious form of injury is a bodily one that includes things like whiplash concussion and broken bones It is essential to seek medical attention for these injuries Statute of Limitations The law provides the time frame also known as the statute of limitations in which an injured party can file a lawsuit In the event of a delay it will result in the claim being time barred and the person who was injured is not able to recover compensation for their losses The specifics of the statute of limitations differ from state to state and each type of case has its own specific time frame as well The statute of limitations clock typically starts ticking when the accident or incident that led to injury occurs However there are a few exceptions that can extend the time required to file an action One of them is known as the discovery rule which states that the statute of limitations clock doesnt begin until the injury is discovered or reasonably should have been discovered This is usually seen when conditions are concealed like asbestos or certain medical malpractice claims Another exception applies to minors who have one year from the age of 18 to start litigation even while the statute of limitation usually runs before they reach age 19 There is also the tolling provision that suspends the limitations period during certain circumstances and events like military service or involuntary mental hospitalization The statute of limitations could be extended in the event of fraud or willful concealment Damages Damages are compensation given to the victim after an act of wrongdoing or tort There are two kinds of damages compensatory and punitive injury claim yonkers compensate plaintiffs for their losses and aim to make them whole again after an injury whereas punitive damages penalize the defendant for fraud a devious act that caused harm or reckless negligence The amount of damages awarded is dependent and based on the specific facts of each case A personal injury lawyer with experience can assist you in documenting your full losses This will increase your odds of obtaining the maximum amount of compensation you can get For example your lawyer could employ experts as witnesses to prove the severity of your suffering and pain as well as a psychologist or psychiatrist expert witness to support your emotional distress claim To receive the most compensation you must carefully record your losses now and in the future Your attorney will assist you keep a detailed record of your expenses and financial loss incurred as well as the amount of your future income loss This can be complicated and usually involves formulating estimates based on your injurys permanent impairment or disability which requires the assistance of experts If the defendant does not have sufficient insurance to cover your claims you could be able to obtain an injunction against them This can be a challenge unless the defendant is a large company or has multiple assets Statute of Repose There are some differences between statutes of limitation and statutes de repose Both limit the amount of time a plaintiff has to file a claim claiming injury however there are certain similarities Statutes of limitation are procedural and forwardlooking while statutes of repose are substantive and backwardlooking In essence a statute of repose is a law which sets an absolute deadline within which legal actions are barredbut without the same exemptions as a statute of limitation Its common for a statute of repose to be applied to construction defect cases products liability lawsuits and medical malpractice claims The major difference is that a statute begins to run following an event while the statute of limitations generally starts when the plaintiff discovers or suffers losses This is a concern in product liability cases for instance as it may take years for the plaintiff to purchase and use a product even before the company was aware of any flaws Because of these differences its important for injury victims to consult with a personal injury attorney close to them before the applicable statutes of limitation and repose statutes run out Michael Ksiazek is a partner at Stark and Starks Yardley PA office and is a specialist in Accident and Personal Injury Law Contact him today for a noobligation consultation Duty of Care A duty of care is a duty one owes to others to exercise reasonable care when performing a task that could be expected to cause harm It is generally considered negligence when an individual fails to meet their duty of care and someone gets injured as a result A person or company has an obligation to care for the public in many instances This includes doctors who are preparing tax returns accountants making tax returns and store owners removing snow off sidewalks to ensure that people dont get hurt themselves To be able to claim damages in a tort claim it is necessary to show that the person who injured you was owed a duty of care and that they breached that duty of care and that their negligence was the primary and most direct cause of your injuries The quality of care is typically determined by what other doctors do in similar circumstances For example if a doctor performs surgery on the wrong leg it could be deemed a breach of duty because other surgeons working in similar circumstances will likely be able to read the patients record correctly It is crucial to remember too that the standard of care must not be excessive that it creates unlimited liability on all parties In jury trials and in bench trials the balance is carefully scrutinized by juries as well as judges
